Deviations from Guideline
Trust Our Experienced Covina Divorce Attorney with Your Child Support Case
child support is based on a
Guideline Child Support Calculator that takes into account several financial factors. The court can deviate
from a Guideline Child Support order on a rare occasion. These deviations
must comply with California Family Code section 4056 which states:
- The court shall state, in writing or on the record, the following information
whenever the court is ordering an amount for support that differs from
the statewide uniform guideline formula amount under this article: the
amount of support that would have been ordered under the guideline formula,
the reasons the amount of support ordered differs from the guideline formula
amount, and the reasons the amount of support ordered is consistent with
the best interests of the children.
- At the request of any party, the court shall state in writing or on the
record the following information used in determining the guideline amount
under this article: the net monthly disposable income of each parent,
the actual federal income tax filing status of each parent (for example,
single, married, married filing separately, or head of household and number
of exemptions, deductions from gross income for each parent, the approximate
percentage of time pursuant to paragraph (1) of subdivision (b) of Section
4055 that each parent has primary physical responsibility for the children
compared to the other parent.
As long as the court sets forth on the record (in open court in the presence
of the parties) what the Guideline Child Support would be and the basis
for the deviation from Guideline, then the court can make a
non-Guideline order, provided that it states the findings for which the order is made. An
example when this deviation may be appropriate is that, after the payment
of Guideline Child Support, the payer of child support is unable to provide
for the basic needs of the child while they are exercising their custodial
time with the child.
When Can the Court Deviate from a Guideline Child Support Order?
While, the amount of child support established by the Guideline Child Support
Calculator is presumed to be the correct amount, the presumption of subdivision
(a) is a rebuttable presumption affecting the burden of proof and may
be rebutted by admissible evidence showing that application of the formula
would be unjust or inappropriate in the particular case because one or
more of the following factors is found to be applicable:
- The parties have stipulated to a different amount of child support under
subdivision (a) of Section 4065.
- The sale of the family residence is deferred pursuant to Chapter 8 (commencing
with Section 3800 of Part 1) and the rental value of the family residence
in which the children reside exceeds the mortgage payments, homeowner's
insurance, and property taxes. The amount of any adjustment pursuant to
this paragraph shall not be greater than the excess amount.
- The parent being ordered to pay child support has an extraordinarily high
income and the amount determined under the formula would exceed the needs
of the children.
- A party is not contributing to the needs of the children at a level commensurate
with that party's custodial time.
- Application of the formula would be unjust or inappropriate due to special
circumstances in the particular case, such as cases in which the parents
have different time-sharing arrangements for different children, cases
in which both parents have substantially equal time-sharing of the children
and one parent has a much lower or higher percentage of income used for
housing than the other parent, and cases in which the children have special
medical or other needs that could require child support that would be
greater than the formula amount.
Contact Us Today
If you need to renegotiate your child support amount, don’t hesitate. Contact
Paul A. Eads today. He has provided people with trusted legal representation for 10 years.
Call us at (626) 788-9864 or
fill out our online form to schedule a free consultation.